Technology

TikTok makes its First Amendment case

Published

2 years ago

June 20, 2024

TikTok says that the government didn’t adequately consider viable alternative options before charging ahead with a law that could ban the platform in the US. TikTok, whose parent company ByteDance is based in China, claims that it provided the US government with an extensive and detailed plan to mitigate national security risks and that this plan was largely ignored when Congress passed a law with a huge impact on speech.

In briefs filed at the DC Circuit Court on Thursday, both TikTok and a group of creators on the platform who’ve filed their own suit spelled out their case for why they believe the new law violates the First Amendment. The court is set to hear oral arguments in the case on September 16th, just a few months before the current divest-or-ban deadline of January 19th, 2025.

The Protecting Americans from Foreign Adversary Controlled Applications Act would effectively ban TikTok from operating in the US unless it divests from ByteDance by the deadline. The president has the option to extend that deadline slightly if he sees progress toward a deal. But spinning out TikTok is not entirely simple, given the limited pool of possible buyers and the fact that Chinese export law would likely prevent a sale of its coveted recommendation algorithm.

But lawmakers who supported the legislation have said that divestiture is necessary to protect national security — both because they fear that the Chinese government could access US user information due to the company’s China-based ownership and because they fear ByteDance could be pressured by the Chinese government to tip the scales on the algorithm to spread propaganda in the US. TikTok denies that either is happening or could happen in the future, saying its operations are separate from ByteDance’s.

The broad strokes of TikTok’s arguments have already been laid out in the complaints. But the new filings provide a more extensive look into how TikTok engaged the US government over several years with detailed plans of how it thought it could mitigate national security concerns while continuing its operations.

In an appendix, TikTok submitted hundreds of pages of communications with the US government, including presentations the company gave to the Committee on Foreign Investment in the US (CFIUS) when it was evaluating national security risks of its ownership setup. One deck explains the basics of how its algorithm figures out what to recommend to users to watch next, as well as a detailed plan to mitigate risk of US user data being improperly accessed. It goes as far as to include a floor plan of a “Dedicated Transparency Center,” through its collaboration with Oracle, where a specific group of employees in TikTok’s US data operations could access the source code in a secure computing environment. According to the slide deck, no ByteDance employees would be allowed in the space.

TikTok called the law “unprecedented,” adding, “[n]ever before has Congress expressly singled out and shut down a specific speech forum. Never before has Congress silenced so much speech in a single act.”

Courts usually apply a standard known as strict scrutiny in these kinds of speech cases — the government must have a compelling interest in restricting the speech, and the restriction must be narrowly tailored to achieve its aim.

TikTok claims that Congress has left the court “almost nothing to review” when scrutinizing “such an extraordinary speech restriction.” The company says Congress failed to produce findings to justify its reasoning behind the law, leaving only the statements of individual members of Congress for the court to go off of. (Many of those statements are included in an appendix filed by TikTok.)

“There is no indication Congress even considered TikTok Inc.’s exhaustive, multi-year efforts to address the government’s concerns that Chinese subsidiaries of its privately owned parent company, ByteDance Ltd., support the TikTok platform—concerns that would also apply to many other companies operating in China,” TikTok wrote in its brief. Lawmakers received classified briefings ahead of their votes, which some said impacted or solidified their final position on the bill. But the public still does not have access to the information in those briefings, although some lawmakers have pushed to declassify them.

The company also said that CFIUS, which was tasked with evaluating its risk mitigation plan in the first place, did not provide a substantive explanation for why it took such a hard line on divestment in March 2023. TikTok claims that when it explained why divestment wasn’t possible and asked to meet with government officials, it received “no meaningful responses.” CFIUS and the DOJ did not immediately respond to requests for comment.

TikTok has said it’s already implemented much of its plans voluntarily through its $2 billion Project Texas

The text of the draft National Security Agreement that TikTok presented to CFIUS was included in an appendix that was filed in court. The draft included proposed changes like the creation of TikTok US Data Security Inc., a subsidiary that would be tasked with managing operations involving US user data, as well as heavy oversight by the agencies that make up CFIUS. TikTok has said it’s already implemented much of its plans voluntarily through its $2 billion Project Texas. Still, recent reporting has raised questions about how effective that project really is for national security purposes. In a report in Fortune from April, former TikTok employees said the project was “largely cosmetic” and that workers still engage with China-based ByteDance executives.

Terrence Clark, a spokesperson for the Justice Department, said in an emailed statement to The Verge that the agency and intelligence officials have “consistently warned about the threat of autocratic nations that can weaponize technology — such as the apps and software that run on our phones – to use against us. This threat is compounded when those autocratic nations require companies under their control to turn over sensitive data to the government in secret.”

Regardless, the court will have to consider whether the US government should have considered a less speech-restrictive route to achieving its national security aims, and TikTok says it should have. “In short, Congress reached for a sledgehammer without even considering if a scalpel would suffice,” TikTok wrote in its brief. “It ordered the closure of one of the largest platforms for speech in the United States and left Petitioners — and the public —to guess at the reasons why a wide range of less speech-restrictive alternatives were disregarded. The First Amendment demands much more.”

Technology

Anker’s beefy Laptop Power Bank has returned to its Black Friday low

Published

10 hours ago

December 24, 2025

Press Room

Anker’s beefy Laptop Power Bank has returned to its Black Friday low

As you might expect, things have been relatively quiet on the deals front since Black Friday, particularly when it comes to discounts on charging accessories. Thankfully, Anker’s aptly titled Laptop Power Bank is once again on sale at Amazon and Walmart for $87.99 ($47 off), which matches the record-low price we last saw at the end of November.

Unless you’ve been living under a proverbial rock for the past several years, you’re probably aware that Anker makes an ungodly amount of charging accessories. The portable A1695 “InstaCord” has quickly become a favorite among Verge staffers, however, owing to the fact that it comes with a retractable USB-C cable and a second that doubles as a handle, both of which are bidirectional and allow for passthrough charging. The 25,000mAh / 90Wh power bank also sports a USB-A port and an additional USB-C port, allowing you to charge your phone, a MacBook Pro, and up to two other devices simultaneously.

In terms of output distribution, Anker’s 600-gram Laptop Power Bank can deliver up to 165W when two devices are plugged in, or up to 130W when charging three or four gadgets. It’s carry-on compliant, too, meaning you shouldn’t have any trouble getting it through TSA while traveling, which isn’t the case if your charger is above the agency’s 100 watt-hours threshold for carry-on devices. It even features a built-in LCD display, allowing you to quickly view the remaining charge, overall power output, battery temperature, and other info at a glance.

Technology

New malware can read your chats and steal your money

Published

11 hours ago

December 24, 2025

Press Room

New malware can read your chats and steal your money

NEWYou can now listen to Fox News articles!

A new Android banking trojan called Sturnus is shaping up to be one of the most capable threats we have seen in a while. It is still in early development, but it already behaves like a fully mature operation.

Once it infects a device, it can take over your screen, steal your banking credentials and even read encrypted chats from apps you trust. The worrying part is how quietly it works in the background. You think your messages are safe because they are end-to-end encrypted, but this malware simply waits for the phone to decrypt them before grabbing everything.

It’s important to note, however, that Sturnus does not break encryption; it only captures messages after your apps decrypt them on your device.

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Sturnus malware uses deceptive screens that mimic real banking apps to steal your credentials in seconds. (Kurt “CyberGuy” Knutsson )

A closer look at the malware’s capabilities

Sturnus combines several attack layers that give the operator nearly full visibility into the device, as reported by cybersecurity research firm ThreatFabric. It uses HTML overlays that mimic real banking apps to trick you into typing your credentials. Everything you enter goes straight to the attacker through a WebView that forwards the data instantly. It also runs an aggressive keylogging system through the Android Accessibility Service. This lets it capture text as you type, follow which app is open, and map every UI element on the screen. Even when apps block screenshots, the malware keeps tracking the UI tree in real time, which is enough to reconstruct what you are doing.

NEW ANDROID MALWARE CAN EMPTY YOUR BANK ACCOUNT IN SECONDS

On top of overlays and keylogging, the malware monitors WhatsApp, Telegram, Signal and other messaging apps. It waits for these apps to decrypt messages locally, then captures the text right from the screen. This means your chats may remain encrypted over the network, but once the message appears on your display, Sturnus sees the entire conversation. It also includes a full remote control feature with live screen streaming and a more efficient mode that sends only interface data. This allows precise taps, text injection, scrolling and permission approvals without showing any activity to the victim.

How Sturnus stays hidden and steals money

The malware protects itself by grabbing Device Administrator privileges and blocking any attempt to remove it. If you open the settings page that could disable those permissions, Sturnus detects it immediately and moves you away from the screen before you can act. It also monitors battery state, SIM changes, developer mode, network conditions and even signs of forensic investigation to decide how to behave. All this data goes back to the command-and-control server through a mix of WebSocket and HTTP channels protected with RSA and AES encryption.

When it comes to financial theft, the malware has several ways to take over your accounts. It can collect credentials through overlays, keylogging, UI-tree monitoring and direct text injection. If needed, it can black out your screen with a full-screen overlay while the attacker performs fraudulent transactions in the background. Since the screen is hidden, you have no idea anything is happening until it is too late.

7 ways you can stay safe from Android malware like Sturnus

If you want to protect yourself from threats like this, here are a few practical things you can start doing right away.

1) Install apps only from trusted and verified sources

Avoid downloading APKs from forwarded links, shady websites, Telegram groups or third-party app stores. Banking malware spreads most effectively through sideloaded installers disguised as updates, coupons or new features. If you need an app that isn’t in the Play Store, verify the developer’s official site, check hashes if provided and read recent reviews to make sure the app hasn’t been hijacked.

2) Check permission requests carefully before tapping allow

Most dangerous malware relies on accessibility permissions because they allow full visibility into your screen and interactions. Device administrator rights are even more powerful since they can block removal. If a simple utility app suddenly asks for these, stop immediately. These permissions should only be granted to apps that genuinely need them, such as password managers or accessibility tools you trust.

3) Keep your phone updated

Install system updates as soon as they arrive, since many Android banking trojans target older devices that lack the latest security patches. If your phone is no longer receiving updates, you are at a higher risk, especially when using financial apps. Avoid sideloading custom ROMs unless you know how they handle security patches and Google Play Protect.

HOW ANDROID MALWARE LETS THIEVES ACCESS YOUR ATM CASH

4) Use strong antivirus software

The malware quietly captures decrypted messages from apps like WhatsApp, Telegram and Signal right as they appear on your screen. (Kurt Knutsson)

Android phones come with Google Play Protect built in, which catches a large chunk of known malware families and warns you when apps behave suspiciously. But if you want greater security and control, choose a third-party antivirus app. These tools can alert you when an app starts logging your screen or trying to take over your phone.

The best way to safeguard yourself from malicious links that install malware, potentially accessing your private information, is to have strong antivirus software installed on all your devices. This protection can also alert you to phishing emails and ransomware scams, keeping your personal information and digital assets safe.

Get my picks for the best 2025 antivirus protection winners for your Windows, Mac, Android & iOS devices at Cyberguy.com.

5) Use a personal data removal service

A lot of these campaigns rely on data brokers, leaked databases and scraped profiles to build lists of people to target. If your phone number, email, address or social handles are floating around on dozens of broker sites, it becomes much easier for attackers to reach you with malware links or tailored scams. A personal data removal service helps clean up that footprint by deleting your info from data broker listings.

While no service can guarantee the complete removal of your data from the internet, a data removal service is really a smart choice. They aren’t cheap, and neither is your privacy. These services do all the work for you by actively monitoring and systematically erasing your personal information from hundreds of websites. It’s what gives me peace of mind and has proven to be the most effective way to erase your personal data from the internet. By limiting the information available, you reduce the risk of scammers cross-referencing data from breaches with information they might find on the dark web, making it harder for them to target you.

Check out my top picks for data removal services and get a free scan to find out if your personal information is already out on the web by visiting Cyberguy.com.

Get a free scan to find out if your personal information is already out on the web: Cyberguy.com.

6) Treat unusual login screens and pop-ups as red flags

Trojan overlays often appear when you open your bank app or a popular service. If the screen layout looks different or asks for credentials in a way you don’t recognize, close the app completely. Reopen it from your app drawer and see if the prompt returns. If it doesn’t, you probably caught an overlay. Never type banking details into screens that appear suddenly or seem out of place.

With remote control tools that stream your screen and automate taps, attackers can move money behind the scenes without you noticing. (Felix Zahn/Photothek via Getty Images)

7) Be cautious with links and attachments you receive

Attackers frequently distribute malware through WhatsApp links, SMS messages and email attachments pretending to be invoices, refunds or delivery updates. If you receive a link you weren’t expecting, open your browser manually and search for the service instead. Avoid installing anything that comes from a message, even if it appears to be from someone you know. Compromised accounts are a common delivery method.

DATA BREACH EXPOSES 400,000 BANK CUSTOMERS’ INFO

Kurt’s key takeaway

Sturnus is still a young malware family, but it already stands out for how much control it gives attackers. It sidesteps encrypted messaging, steals banking credentials with multiple backup methods, and maintains a strong grip on the device through administrator privileges and constant environmental checks. Even if the current campaigns are limited, the level of sophistication here suggests a threat that is being refined for larger operations. If it reaches wide distribution, it could become one of the most damaging Android banking trojans in circulation.

Have scammers ever tried to trick you into installing an app or clicking a link? How did you handle it? Let us know by writing to us at Cyberguy.com.

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Kurt “CyberGuy” Knutsson is an award-winning tech journalist who has a deep love of technology, gear and gadgets that make life better with his contributions for Fox News & FOX Business beginning mornings on “FOX & Friends.” Got a tech question? Get Kurt’s free CyberGuy Newsletter, share your voice, a story idea or comment at CyberGuy.com.

Technology

Sony’s souped-up PlayStation 5 Pro is $100 off for the rest of today

Published

22 hours ago

December 24, 2025

Press Room

Sony’s souped-up PlayStation 5 Pro is 0 off for the rest of today

Sony’s full suite of PlayStation 5 consoles jumped in price in August due to increased US tariffs, but now through Christmas, you can save $100 on several models. This discount is especially great if you planned to go big with Sony’s PS5 Pro, the company’s priciest, most powerful console yet. Normally $749.99, you can currently grab one at Amazon, Walmart, and Target for around $689.99. Sony’s PlayStation Direct storefront indicates that the PS5 Pro sale ends on December 25th at 3AM ET, although discounts may remain on cheaper models.

The PS5 Pro plays many games at their best resolution, while making far fewer concessions than the standard PS5 when it comes to visual effects (particularly ray tracing and shadow quality). Some games simply look better or run faster on the Pro than the base-model PS5, while others look better and run faster. That said, it’s worth noting that PS5 Pro lacks a disc drive and is thus limited to digital titles, though you can buy an optional drive for $80 if you want to attach one later.

The PlayStation 5 Pro has a bigger GPU than any other PS5 model, with twice as much internal storage as the current slim models (2TB versus 1TB). Another notable feature exclusive to the Pro is PSSR (PlayStation Spectral Super Resolution), which uses AI to upscale graphics in supported games to produce a better-looking image. The difference in performance between the Pro and the base PS5 is easy to notice in several games, although it’s safe to say that there hasn’t yet been a title that makes upgrading to one a no-brainer. But if a lower price is all the encouragement you needed to upgrade, now is a good time to get one.